CAT/C/41/D/326/2007 Page 8 to expel or return a person to a State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture. 7.2 In assessing whether there are substantial grounds for believing that the complainant would be in danger of being subjected to torture if returned to Bangladesh, the Committee must take account of all relevant considerations, including the existence of a consistent pattern of gross, flagrant or mass violations of human rights. However, the aim of such an analysis is to determine whether the complainant runs a personal risk of being subjected to torture in the country to which he would be returned. It follows that the existence of a pattern of gross, flagrant or mass violations of human rights in a country does not as such constitute sufficient reason for determining that a particular person would be in danger of being subjected to torture on return to that country; additional grounds must be adduced to show that the individual concerned would be personally at risk. Conversely, the absence of a consistent pattern of flagrant violations of human rights does not mean that a person might not be subjected to torture in his or her specific circumstances. 7.3 The Committee recalls its General Comment No.1 on article 3, 15 which states that the Committee is obliged to assess whether there are substantial grounds for believing that the complainant would be in danger of being subjected to torture were he/she to be expelled, returned or extradited, the risk of torture must be assessed on grounds that go beyond mere theory or suspicion. However, the risk does not have to meet the test of being highly probable, but it must be personal and present. In this regard, in previous decisions, the Committee has determined that the risk of torture must be foreseeable, real and personal.16 Furthermore, the Committee observes that considerable weight will be given, in exercising the Committee’s jurisdiction pursuant to article 3 of the Convention, to findings of facts that are made by organs of the State party concerned; but that it is not bound by such findings and instead has the power, provided by article 22, paragraph 4, of the Convention, of free assessment of the facts based upon the full set of circumstances in every case.17 7.4 In the present case, the Committee observes that the main reasons for which the complainant fears a personal risk of torture if returned to Bangladesh are that he was previously subjected to torture for his membership in the Awami League by BNP supporters, and that he risks imprisonment and torture by the police upon return to Bangladesh because of his alleged homicide charges. In addition, the complainant states that, if convicted, he risks being subjected to inhuman or degrading treatment in prison. 7.5 As to his claims of past torture, the Committee notes that the assault of 1 October 2001, the kidnapping and torture of 20 October 2001 and the arrest and torture that took place in October/November 2002 allegedly involved BNP supporters. In this regard, the Committee recalls that the State party's obligation to refrain from forcibly returning a person to another State 15 General Comment No. 1: Implementation of article 3 of the Convention in the context of article 22 (1996), paras. 6 and 7, U.N. Doc. HRI/GEN/1/Rev.8., p. 347. 16 Communication No. 203/2002, A.R. v. The Netherlands, Views adopted on 21 November 2003, paragraph 7.3. 17 A/53/44, annex IX, CAT General Comment No. 1, paragraph 9.